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Precedential No. 48: Rejecting Asserted "Newly Discovered Evidence," TTAB Refuses to Set Aside Judgment

Respondent Michel Farah lost a cancellation proceeding before the TTAB in January 2009 [decision here], and then lost his appeal to the CAFC in November 2008 [here]. Farah then returned to the Board and, on December 12, 2008, filed a motion under FRCP 60(b)(2) for relief from final judgment based upon what he claimed to be newly discovered evidence: namely, the issuance of a registration for the mark OMIC for goods related to the cancelled OMIC PLUS registration. The Board denied the motion. Pramil S.R.L. v. Michel Farah, Cancellation No. 92032341 (December 16, 2009) [precedential].Farah argued that the new registration ?is prima facie evidence that [registrant], and not [petitioner], is the owner of the mark OMIC and has the exclusive right to use the mark OMIC in commerce...continue to full post

Full post as published by The TTABlog on December 28, 2009 (boomark / email).